[2007] EWCA Crim 2705
A judge had erred in his categorisation of two offences of assault by penetration and had imposed a lenient sentence. However, in light of the principle of double jeopardy, it was inappropriate to interfere with the sentence since it would have amounted to a mere nine-month increase in the specified minimum term of an indeterminate sentence.
CA (Crim Div) (Tuckey LJ, Foskett J, Judge Patience QC)
23/10/2007